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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Wow..My Question is hard to say in short amount of space.

Customer Question

wow..My Question is hard to say in short amount of space. Anyway I was hired at GNC at the end of April, to help bring a store were it should be with #'s. Regional Director saw my potential and was very excited even though I had never done sales before with my background knowledge, appearance and personality. Within hiring I was promised numerous of things but whatever. My issue is actually my Manager and the Regional Director. We all where shocked with how amazing I turned out to be. In fact I have accomplished several wonderful goals set both for myself and the store. I definitely have way outdone myself and I am extremely proud of this new ability I found in me. Ok my issue is, around the middle of June, I started noticing the behavior in my Manager to change. He was very ignorant towards me, j
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law work and experience. It is a pleasure to assist you today.

I want to make sure I understand the situation, but I believe I did not get the entirety of your story. I understand that you were hired and exceeded their expectations and then it appears something happened and the relationship soured. Now you need legal assistance and some lawyers want a brief history of these events.

I need a little more information from you if you do not mind.

What happened to cause your relationship to sour with your management? Have you had any health issues? Do you think that you are being discriminated against based on your age, race, gender or because of any illness? What has GNC asked you to do? Are other employees receiving a similar treatment?

I look forward to assisting you with this issue and will wait for your response.

If I do not respond immediately to your response, do not worry. I will be back shortly. I have a meeting coming up in a bit but will answer your questions as soon as possible.

Thanks!

Customer: replied 1 year ago.
It went sour around June. For what reason's besides my Manager being embarrassed and falsifying things and falsely accusing me of ridiculous accusations. Being written up over a dirty t-shirt and he said a product was missing a SST Fat Burner. When presented with the write ups he acted like my best friend in hoping I would just sign them, basically pressuring me to just sign them by saying, its no big deal, won't affect your employment it just states we talked about it etc. Then another Super t same company was missing. Saturday night the guy forgot to do the count, thank god, cause morning procedure you don't physically count you just enter into computer. Once I told my manger that that count was never done and I am going to Physically and enter into computer he flipped out and told me not to do a physical count your wasting time. Sunday's only top sales people can work. You work the whole day. If the guy didn't forget I would have just entered into computer. However because he did I wanted to make sure they were correct with what the computer says. My manager told me not to do the physical check this way I would have worked all day and when I went to do the Physical count for Sunday night it is then I would have noticed the Super T Test Booster Missing. Since I did it in the morning and didn't listen to him because why wouldn't you tell your staff to double check, I was suspicious and I was right and notified him and the Regional Manager about it. I found out that 2 similar incidents within 90 days your fired. I was accused of sexually harassing a woman supposedly. If that happens your fired or suspended until investigation. Well kind of funny how my Regional Manager just got off the phone with this woman, it happened in the 1st week of July I was on Vacation and when I came in the next morning to pull that week documents, they were already gone. Now I get written up didn't sign the one for the SST and my manager said no problem think about what you want to say because I know I did not mess up but when I came into sign it, I was told that the RSD made very inappropriate comments and told the manager to send it in and he actually wrote comments for me. When I confronted my RSD, he was clueless. He said I never told the Manager to write you up and I don't know anything about these SST's and I would never use that language and tell him to just send it in anyway. Kind of funny how the sexual harassment charge just disappeared. Yes, another employee had 3 SST's go missing on her and because they are in this GNC click he did not write her up. She wears hats to work Hoodie sweatshirts and never written up. I have tried so many times it is sickening to talk to the RSD because yes, it has affected my health mentally. GNC is being sued in Oregon right now for putting something in the products there. Our policy as any company policy for phone calls is, IF the Employee is not there you take name and number, THAT'S IT!!!! Well my EX- Girlfriend, who lives in MD served papers to me. She is engaged Fiance a truck Driver over the road. I had no clue until 2 1/2 weeks ago when I got served and just had court this past Friday. I could have easily won but I am not that kind of guy and said, Even though its on the papers that were served to me, I will agree to whatever she wants cause I can't nor won't deal with liars or negativity however, she called my work and my manager instead of saying, No he is not working, can I take a name and number, he willingly after she said is this the manager, he said yes, she asked for his name and said I am Kevin's Ex and whatever else she said. Well my manager knows especially cause of Oregon(we received a important document stating not to give out any kind of information to anyone if the associate is off take a message and we have this paper for that I have copies of everything)well he said that he was aware of the situation only because I took off a Sunday then called him and said I could work, He said what happened and I said girl issues. He Laughed and said you know how to pick them. I did talk to her before she called because she did apologize and wanted to make sure I was able to work and she asked me what my manager said and I said nothing, he just laughed. so he told her that he was aware however he also implied that Kevin Burke has been accused of numerous harassment charges. He did this so make me look bad to help her and to ruin my reputation so I wouldn't be able to get my raises I have been trying to get for some time now. Monday October 10th he knew he messed up by giving out information its almost like the hippa law, so obviously what he said about me being accused had to be documented so he could cover his ass at GNC. Well he pushed verbally so hard that finally I was like a Bottle of soda, I had a Nervous Breakdown were I blacked out and was a mess. I worked and Tuesday worked the am when leaving he tried to write me up for customer's gossiping so it would be documented
Customer: replied 1 year ago.
I went to my psych. Dr. and he saw how shaken up I was and gave me a note not to return to work until he sees me again this wed. The RSD said that is not excusable be at work Thursday. Mental illness is not excusable to not be at work he said. I txtd him saying I hve a letter from my Dr. do you have a fax # ***** will send it. He then all of the sudden said, why haven't you come to me to talk about this. I txtd him a long txt and he basically said I don't have time to read that. Then Sunday I told him I would keep him updated. He is pissed cause people are leaving cause of him and he is short staffed and it was told to me that he is abusing you and taking advantage of you because you produce top #'s and he doesn't have to pay you but minimum wage and commission on only certain products were Managers get commission on every product. He Responded almost as a threat saying, you have until Wed. to call me. NO later then Wed. and we will see were we are. Like I said, a friend of the family is a JUDGE in DELCO. He saw all of this and advised me to talk to a lawyer but I have documents that I have been writing all the paperwork and my EX and her Attorney are drafting and having it notarized saying she did in fact talk to the manager and he did it to hurt him so he couldn't move up in GNC. Plus Dr letters and so much info that it be impossible for me to make up. My Dad taught me well
Expert:  Delta-Lawyer replied 1 year ago.

First off, I am sorry that you are having to go through this issue. You will get better and I think a new work environment, once you get your mental health back in order, will be a welcome change for you. I am not a mental health professional, but it seems this work environment is serving as a catalyst or driver for the issues that you are having. You do not deserve to have to live in such an environment...you deserve better. For that reason, aside from the legal issues at play here, I think you need to look for a new employer soon.

As to the legal issues...there are two things at play wherein you have legal actions available:

(1) You seem to be undergoing workplace stress and anxiety. You can file a workers compensation claim with your employer for the mental anguish and situation that they have caused your to endure. I think you should speak with your treating physicians about the possibility of filing a stress related workers compensation claim. If granted, it will allow you to take some time off while still receiving compensation. It can later turn into a workers comp settlement for future medicals as well in view of the stress claim; and

(2) I think you also may have an EEOC claim for violation of your civil rights on both gender discrimination as well as disability discrimination. You are being treated differently than female co-workers, which can be indicative of gender discrimination. You are also being ordered to work, even though you are on a mental leave and have provided medical documentation to this effect. A disability is anything that prevents a person from normal life functions. What you are going through would qualify and the treatment you are receiving from your employer would constitute disability discrimination, which is covered under the ADA. I think you need to file an EEOC claim against your employer. The EEOC will investigate the matter and if they find merit, allow you to sue for damages in federal court. You can do this, even if you leave this employer. You must file within 180 days of the most recent act of discrimination.

So, you have two courses of action that you can pursue at the same time against your employer.

Let me know if you have any other questions.

Please also rate my answer positively (4 or 5 stars) so that I can receive credit for my work.

Best wishes going forward!